In the matter of Ansett Australia Limited and Mentha [2001] FCA 1439

FEDERAL COURT OF AUSTRALIA

In the matter of Ansett Australia Limited and Mentha [2001] FCA 1439 CORPORATIONS – external administration – application under ss 447A and 447D of the Corporations Act (2001) (Cth) – court approval of memorandum of understanding – direction that administrators may properly perform and give effect to memorandum of understanding –where memorandum of understanding provided for substantial payment and release of certain claims – whether administrators had taken into account and considered interests of companies' creditors – court's power under s 447A of the Corporations Act (2001) (Cth).

Corporations Act 2001 (Cth): s 437A(1), s 447A, s 447D, s 479(3)

Re G B Nathan & Co Pty Ltd (in liq) (1991) 24 NSWLR 674 referred to Editions Tom Thompson Pty Ltd v Pilley (1997) 77 FCR 141 referred to Sanderson v Classic Car Insurances (1985) 10 ACLR 115 referred to Mentha v G E Capital Ltd (1997) 27 ACSR 696 referred to Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83 applied Re Mineral Securities Australia Ltd [1973] 2 NSWLR 207 referred to Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270 applied

IN THE MATTER OF ANSETT AUSTRALIA LIMITED (ACN 004 209 410) & ORS (All Administrators Appointed) and MARK FRANCIS XAVIER MENTHA and MARK ANTHONY KORDA (As Administrators)

V 3045 of 2001

IN THE MATTER OF HAZELTON AIR CHARTER PTY LIMITED (ACN 065 221 356), HAZELTON AIR SERVICES PTY LIMITED (ACN 000 242 928), HAZELTON AIRLINES LIMITED (ACN 061 965 642) (All Administrator Appointed) and MICHAEL JAMES HUMPRHIS (As Administrator)

V 3046 of 2001

GOLDBERG J 12 OCTOBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3045 of 2001

IN THE MATTER OF:

ANSETT AUSTRALIA LIMITED

(ACN 004 209 410) & ORS

(All Administrators Appointed)

(see Schedule A)

AND

MARK FRANCIS XAVIER MENTHA and